BRUCE ALLEN FORNEY, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 2d DCA | 1995-10-27
No. 94-02567
SCHOONOVER, A.C.J., and FULMER, J., concur.
662 So. 2d 731 Florida District Court of Appeal, Second District (1995) Positive Treatment
Cited by 7 cases
Topics
Discretionary Costs Statutory Authority For Costs Single Criminal Episode Statutory Authority

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Opinion of the Court
PATTERSON, Judge.

PATTERSON, Judge.

In this Anders

appeal, we find no reversible error as to the appellant's convictions for second-degree murder, burglary of a dwelling with an assault or battery, and robbery. Therefore, we affirm the convictions. However, we reverse and remand for resentencing. The trial court sentenced the appellant to concurrent terms of life imprisonment for the murder and the burglary, and to a consecutive prison term of thirty years for the robbery. It was improper to impose a consecutive sentence for the robbery since the offenses occurred during a single criminal episode. See Hale v. State, 630 So. 2d 521 (Fla.1993), cert. denied, — U.S. -, 115 S.Ct. 278, 130 L.Ed.2d 195 (1994).

In addition, the trial court erred in imposing the discretionary $2 cost pursuant to section 943.25(13), Florida Statutes (1993), without announcing it at sentencing, and in imposing the $1,245 cosVfme without citing statutory authority for imposing the cost. See Reyes v. State, 655 So. 2d 111, 115-17 (Fla. 2d DCA 1995). Upon remand, the trial court may reimpose these costs after following the proper procedures.

Affirmed in part, reversed in part, and remanded for resentencing.

SCHOONOVER, A.C.J., and FULMER, J., concur. . Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967).

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  • Knafel v. State, 714 So. 2d 1195 (Fla. 2d DCA 1998)
    …Knafel appeals the trial court’s denial of his motion to mitigate his sentence filed pursuant to Florida Rule of Criminal Procedure 3.800(c). This order is not appealable, and this appeal would customarily be subject to dismissal. See Lee v. State, 662 So. 2d 731 (Fla. 2d DCA 1995). The trial court’s authority to deny a modification or mitigation of a sentence is entirely discretionary. In his notice of appeal, however, Knafel raises a legal issue for which review might he; to-wit, whether a judge other than…
  • Oser v. State, 699 So. 2d 844 (Fla. 4th DCA 1997)
    …1289 (Fla. 4th DCA 1989), we reaffirmed our earlier position in Adams v. State, 487 So. 2d 1209 (Fla. 4th DCA 1986), that orders denying motions to mitigate, such as that made here, were not appealable. Our companion courts agree. See Lee v. State, 662 So. 2d 731 (Fla. 2d DCA 1995); Bourjolly v. State, 623 So. 2d 870 (Fla. 3d DCA 1993); Daniels v. State, 568 So. 2d 63 (Fla. 1st DCA 1990). Accordingly, we sua sponte dismiss the appeal. KLEIN and PARIENTE, JJ., concur.…
  • Baker v. State, 746 So. 2d 469 (Fla. 2d DCA 1997)
    …ify or mitigate his sentence pursuant to the 1996 version of Florida Rule of Criminal Procedure 3.800(b). Despite the trial court’s representation that he could appeal this order within thirty days, such an order is not appealable. See Lee v. State, 662 So. 2d 731 (Fla. 2d DCA 1995). Accordingly, the appeal is dismissed. DANAHY, A.C.J., and FRANK and ALTENBERND, JJ., concur.…

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